R v Beydoun [2021] NSWDC 700

District Court New South Wales

Medium Neutral Citation: R v Beydoun [2021] NSWDC 700 Hearing dates: 17 December 2021 Date of orders: 17 December 2021 Decision date: 17 December 2021 Jurisdiction: Criminal Before: Abadee DCJ Decision: See paragraph 48 - 51 Catchwords: MENTAL HEALTH – fitness inquiry – offences of aggravated sexual assault and touching – where offender suffers from dementia – no issue of principle Legislation Cited: Crimes Act 1900 (NSW) ss 61J, 61KD Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) ss 5, 36, 38, 44, 47 Cases Cited: Kesavarajah v The Queen (1994) 181 CLR 230 R v Presser (1958) VR 45 R v Risi [2021] NSWSC 769 Category: Procedural rulings Parties: Director of Public Prosecutions (NSW) Nabil Beydoun (accused) Representation: Counsel: Mr J Sfinas for the Director of Public Prosecutions (NSW) Ms A Moen for the accused

Solicitors: Solicitor for Public Prosecutions (NSW) Fay Rose Legal for the accused File Number(s): 2020/00042102 Publication restriction: The name of the complainant has been anonymised to protect the identity of the complainant

ex tempore Judgment

BACKGROUND 1. The accused has been charged on indictment that on 7 February 2020 at Smithfield, he committed the following offences against DH (the complainant): 1. Count 1: Aggravated sexual assault, in the sense that at the time of the offence, the complainant had a cognitive impairment, contrary to s 61J(1) of the Crimes Act 1900 (NSW); 2. (alternatively) Count 2: aggravated sexual touching, in the sense that at the time of the offence, the complainant had a cognitive impairment, contrary to s 61KD(1)(a) of the Crimes Act; and 3. Count 3: Aggravated sexual assault, in the sense that at the time of the offence, the complainant had a cognitive impairment, contrary to s 61J(1) of the Crimes Act. 1. He is also charged with related offences on a s 166 certificate, being two charges of aggravated sexual touching of another person. 2. Presently before the Court is an inquiry into the question whether the accused is fit to stand trial.